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08-04-1998 (City Council) Agenda Packet rt/*1 WYLIE CITY COUNCIL Special Called Meeting Tuesday, August 4, 1998 6:00 p.m. Wylie Municipal Complex-Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Item for Consideration 1. Consider and Act Upon Approval of an Ordinance for the City of Wylie, Texas, Providing Restriction for Outside Watering and Landscape Irrigation; Declaring an Emergency; Providing for an Effective Date; Providing for a Penalty for the Violation Hereof; Providing for the Severability and Publication of the Caption Hereof. Worksession Discussion of Proposed Fiscal Year 1998-1999 Budget. Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Adjournment. I certify that this Notice of Meeting was posted on this the 31st day of July, 1998 at 5:00 p.m as required by law in accordance to Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation,or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. City Council Agenda August 4,1998 Page 1 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION August 4, 1998 Item No. 1 Issue Consider and act upon an ordinance providing for restrictions of outdoor water use and landscape irrigation. Background The City of Wylie has in place a Water Conservation and Drought Contingency Plan which was adopted in 1988. The factors which trigger the implementation of the existing Drought Contingency Plan are tied exclusively to the water level at Lake Lavon and do not address problems within the distribution system. At this time,the water level of Lake Lavon has not dropped to a level which would trigger the Plan. However, as with many other communities,Wylie has begun to experience high water use particularly between 8:00 p.m. through 12:00 midnight. This demand can cause the water level in the water tanks and the water tower to begin to drop, affecting the water pressure. This in turn places a strain on the pumps to compensate. In addition, as the ground continues to retract from water mains, any water saddle or clamp which has rusted, pulls away causing a main break. The water lost in these instances places a further burden on the water level. Approximately six(6)breaks occurred during the week of July 27,with City crews continuing to be successful in containing each occurrence. The restrictions are suggested to run as follows: All landscape and other outdoor water usage are limited to a maximum of three (3) days per week,based on street address: Last digit of address Landscape and outdoor watering days 1, 3, 5, 7, 9 Monday,Wednesday, Friday 0, 2, 4, 6, 8 Tuesday, Thursday, Saturday No watering on Sundays to allow for storage recovery All landscape and outdoor water usage is prohibited from 5:00 a.m. - 9:00 a.m. and from 4:00 p.m. - 7:00 p.m. Action Agenda Communication Approval of an Ordinance Paae 1 Background (continued) A telemetry system installed within the City's Service Center allows staff to closely monitor the water level in the water tanks and water tower, as well as the functioning of the pumps. The system is designed to alert staff when certain events occur so that any problem can be dealt with promptly. The procedure established within the ordinance allows the Mayor to declare a state of emergency,based on the recommendation of the Public Works Superintendent and the City Manager that an emergency situation exists and that implementation of the emergency water management plan is necessary to protect the public welfare and safety. The City Manager is then authorized to implement the necessary restrictions. Financial Considerations The Ordinance establishes a maximum fine of$1000.00 per day for each violation. Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of the Ordinance with the implementation of the mandatory restrictions commencing on the effective date of the Ordinance. Attachment Ordinance I )(f d•VJ 24444 Prepay by R- ed by Finance City Manager Approval Action Agenda Communication Approval of an Ordinance Paae 2 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS PROVIDING RESTRICTIONS FOR OUTSIDE WATERING AND LANDSCAPE IRRIGATION; DECLARING AN EMERGENCY; PROVIDING FOR AN EFFECTWE DATE; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF;PROVIDING FOR THE SEVERABILTTY AND PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City of Wylie has determined the need for an emergency water management plan; and, WHEREAS,the City Council recognizes the need to minimize the effects of a water shortage to customers of the City; and, WHEREAS, the City Council has determined that potable water is necessary for the public health, safety, and welfare of residents; and, WHEREAS,the City Council understands that potable water must be available for emergency services provided by the fire and police departments. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the public interest in maintaining adequate water storage for fire protection and general consumption necessitates that an emergency water management plan be implemented immediately upon its publication and in a newspaper of general circulation in the City of Wylie, Texas. SECTION 2: Emergency criteria triggering the implementation of various stages of the plan includes,but is not limited to the following: (1) Weather conditions; (2) Water system failures, such as broken water mains,power outages, electrical failure, failure of storage tanks or other equipment; (3) Supply failure from North Texas Municipal Water District or initiation of any stage in its drought contingency plan, or in the City of Wylie's Drought Contingency Plan, Ord. 88-6.; (4) An inability to recover approximately ninety(90)percent in all storage facilities within a twenty-four(24)hour period; or (5) An inability to recover approximately ninety(90)percent in all storage facilities within a forty-eight(48)hour period; or (6) Notification by the North Texas Municipal Water District of a catastrophic decrease in reservoir level and/or delivery capabilities resulting in an inability,presently or in the immediate figure,to recover resources sufficient to provide services necessary for the public health, safety, and welfare. SECTION 3: Authority to declare emergency. Upon the recommendation of the Public Works Superintendent and the City Manager that an emergency situation exists and that implementation of the emergency water management plan is necessary to protect the public welfare and safety,the Mayor is hereby authorized to declare that a state of emergency exists and to authorize the City Manager to implement the applicable provisions of this division. SECTION 4: Duration of Plan. This plan is effective on a year-round basis. Upon recommendation of the Superintendent of Public Works,the City Manager may upgrade or downgrade the stage of emergency when the criteria triggers such upgrade or downgrade. SECTION 5: Level of Restriction. (a) The level of restriction shall be based on an emergency condition or combination of conditions listed in Section 2. (b) Level 1: Voluntary Restriction: All landscape and other outdoor water usage at each service shall be limited to a maximum of three(3)days per week,based on the last digit of the metered service physical address: Last digit of address Suggested landscape watering days 1, 3, 5, 7, 9 Monday, Wednesday, Friday 0, 2, 4, 6, 8 Tuesday, Thursday, Saturday No watering on Sundays to allow for storage recovery Apartments, office buildings complexes, or other property containing multiple addresses will be identified by the lowest physical street address number. (c) Level 2: Mandatory Restriction: All landscape and outdoor water usage at each service address shall continue to be performed according to the allowed landscape water days schedule as set out in Level 1,however, landscape and outdoor water usage is prohibited from 5:00 a.m. - 9:00 a.m. and from 4:00 p.m. - 7:00 p.m. Non-compliance with Level 2 can result in issuance of citations. (d) Level 3: Severe Restriction: Any and all landscape and outdoor water usage is prohibited until the emergency is alleviated. This applies to all metered water users utilizing the city public water supply and encompasses all residential(single or multiple dwellings),commercial(car washes,nurseries,businesses), recreational (public/private golf courses, parks, athletic fields), religious, health care, school, and municipal entities. Use of water for municipal purposes shall be limited only to those activities necessary to maintain the public health, safety, and welfare. Use of fire hydrants is prohibited except for fire fighting and related activities. Non-compliance with Level 3, will result in issuance of citations. SECTION 6: Termination: Terminations of any and all levels of restrictions will be made at the discretion of the City Manager. SECTION 7: Any person, corporation or other entity that violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined no more than One- Thousand Dollars ($1,000.00) per day for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein shall prevent the City of Wylie, Texas, from taking such other lawful action as is necessary to prevent or remedy any violation. Each occurrence in violation of this Ordinance shall constitute a separate and distinct violation. SECTION 8: If any section, subsection, sentence, paragraph, phrase, or clause of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end,the provisions of this Ordinance are declared to be severable. SECTION 9: The caption of this Ordinance is to be published one(1)time in a newspaper having general circulation in the City of Wylie, Texas, and shall be effective immediately upon its passage and such publication. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary